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CC - Adoption of a Resolution Approving an Encroachment Agreement with Time Warner Cable for Use of the Public Right-of-Way to Install 146 Feet of Fiber Optic Cable to service the property located at 6100 Bristol Parkway.
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Meeting Date: October 8, 2018
Contact Person/Dept: Christopher Evans/PW
Phone Number: 310.253.5621
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date:
Public Notification: (E-Mail) Meetings and Agendas - City Council (10/03/18); (E-Mail) Time Warner Cable (09/06/18)
Department Approval: Charles D. Herbertson, Public Works Director/City Engineer 9/27/18
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RECOMMENDATION
Staff recommends the City Council adopt a resolution approving an encroachment agreement with Time Warner Cable (TWC) for use of the public right-of-way to install 146 feet of fiber optic cable to service the property located at 6100 Bristol Parkway.
BACKGROUND/DISCUSSION
TWC is proposing to install a new fiber optic pathway for their private customer at 6100 Bristol Parkway.
The work involves installing new underground conduit and fiber optic line. The route begins at an existing CATV vault located in the parkway adjacent to 6076 Bristol Parkway, near the northeast corner of Bristol Parkway and Uplander Way. The fiber optic line will then run 13 feet northwest across the sidewalk and into the roadway where it will then turn and run 119 feet southwesterly. The fiber optic line will then turn and run 14 feet southeasterly, under the sidewalk and terminating at the property line of 6100 Bristol Parkway.
The total distance of the new installation in the public right-of-way is 146 linear feet. All the proposed work will be underground and placed via directional boring or trenching.
Legal Framework
TWC is the holder of a statewide video franchise issued by the California Public Utilities Commission. This franchise authorizes TWC to access cities’ rights-of-way for the purpose of constructing and maintaining telecommunication lines along and upon cities’ public rights-of-way. The related federal and state laws require that municipalities allow the installation of telecommunication facilities by holders of a statewide video franchise but allow municipalities to impose reasonable time, place and manner regulations pertaining to construction of telecommunications facilities within the City’s rights-of-way.
The City’s time, place and manner regulations will be documented in an Encroachment Agreement between the City and TWC. To protect the City’s interests, this agreement will contain provisions requiring that Crown Castle repair any damage to City property, carry adequate liability insurance and defend the City if it is sued for damages caused by TWC.
FISCAL ANALYSIS
Per Section 11.20.025B of the Culver City Municipal Code, the City may collect an application fee as compensation for City staff time expended in reviewing telecommunication applications. Based on Resolution No. 2013-R034 a fee in the amount of $3,927 will be collected from TWC before any permits are issued for this project.
ATTACHMENTS
1. 2018-10-08 - ATT System Exhibit
2. 2018-10-08 - ATT Proposed Resolution
MOTION
That the City Council:
1. Adopt a resolution approving an encroachment agreement with Time Warner Cable for use of the public right-of-way to install 146 feet of fiber optic cable for the property located at 6100 Bristol Parkway;
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the City Manager to execute the documents on behalf of the City